Cooperative & Homeowners Association Law Firm

GOING SOLAR- SOLAR RIGHTS

The New York State Legislature recently passed a bill prohibiting Homeowners Associations (“HOA”) from unreasonably restricting the installation or use of solar power systems.

A “solar power system” is defined as solar panels on a rooftop. The new law becomes effective October 1st, 2021. Continue reading “GOING SOLAR- SOLAR RIGHTS”

NEW LAW PASSED CONCERNING ELECTRONIC VEHICLE CHARGING STATIONS

There is a growing trend of new legislation that encourages the use of environmentally friendly energy sources. 

In light of this trend as well as the increase of electric vehicles on the roads, the New York State legislature recently passed a new provision to the New York Condominium Act, (Real Property Law §339-ll) that restricts condominium Boards from prohibiting or unreasonably restricting unit owners’ installation or use of an electric vehicle charging station (“EVCS”) within the community. 

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NEW — CAI-LONG ISLAND DISPUTE RESOLUTION PROGRAM

The Board of Directors of the Long Island Chapter of Community Associations Institute (CAI) is excited to offer a new service to its members: mediation services to help resolve disputes in community associations.

This service is available to help resolve disputes between two homeowners within a community, a Board and a homeowner, or a Board and a vendor. This program will begin in November 2019.

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New York Smoke Detector Law

On April 1, 2019, a new law went into effect in New York State changing the type of smoke detectors that will be permitted for sale in the State. 

Section 399-ccc of the General Business Law prohibits the sale of smoke detectors that are powered solely by a replaceable, removable battery.  All new smoke detectors sold in New York will be required either to be hardwired to the home or powered by a non-removable, non-replaceable battery that powers the device for at least ten years.
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ANNUAL MEETINGS AND ELECTIONS

Now that Spring is here, many community associations will start planning for their annual meeting. 

Annual meetings are for more than providing information to the Community.  They are also for electing Board Members who will be responsible for making the day to day decisions necessary to keep the finances and property in good order.

A well planned annual meeting and election is the key to finding good candidates and having a smooth transition and term for those elected.  One way to begin the process of finding persons interested in running is to form a nominating committee.  A nominating committee will seek candidates by canvassing the community, either in person or in writing, and assist the board in preparing the election materials prior to the annual meeting.
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AVOIDING “US v. THEM” PART I – INCLUSION

Too often, hardworking community association Boards find themselves at odds with their homeowners.

Conscientious Board members, who are volunteering their time, talents and energy to better the community, wonder why their efforts are unappreciated and why they are constantly under attack. The tendency is to “circle the wagons,” which only serves to perpetuate and exacerbate the feelings of animosity between board members and the constituents they are trying to serve.
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